SECTION 1: INTRODUCTION
Welcome to the My Family Coach website
Team Teach (“TT, “We“, “Our” and “Us”)) has a purpose built website that offers its Users and individual Trainers (“You“) a whole host of quick and easy online positive behaviour training solutions and services via Our proprietary online platform https://www.myfamilycoach.com/ “Our Site“) and Our App (see paragraph 6 below for Our App details).
We offer Our App, Community Platform and some other functions and content free of charge (“Free Services“). We also offer Our Premium Material, access to individual (or group) Training Sessions with Trainers, TT Webinars and other more extensive functions and content on a pay as you go basis (the “PAYG Services“). For more details on Our Free Services & PAYG Services please visit the homepage of Our Site.
Please note that your access and use of Our Site and Our App including all the Free Services and PAYG Services provided are governed by the applicable terms and conditions that are set out in Sections 2 to 5 (below).
ANY ADVICE OR MATERIALS PROVIDED VIA OUR WEBSITE OR APP ARE INTENDED FOR GENERAL INFORMATION PURPOSES ONLY. THE FREE SERVICES AND THE PAYG SERVICES PROVIDED VIA OUR SITE AND/OR APP ARE NOT INTENDED TO PROVIDE A USER WITH ANY MEDICAL ADVICE. IF ANY MEDICAL ADVICE IS FOR WHATEVER REASON REQUIRED, A USER SHOULD ALWAYS CONSULT A QUALIFIED HEALTHCARE PROFESSIONAL.
NOTHING ON OUR WEBSITE AND/OR OUR APP IS INTENDED TO BE A SUBSTITUTE FOR A CONSULTATION WITH YOUR GP AND/OR A QUALIFIED HEALTHCARE PROVIDER. THE USE OF THE FREE SERVICES, THE PAYG SERVICES AND OUR APP ARE AT YOUR OWN RISK. IF ANY USE OF THESE SERVICES IS CAUSING YOU ANY PHYSICAL OR MENTAL DISTRESS, PLEASE STOP USING OUR SITE AND/OR APP AND SEEK MEDICAL ATTENTION AS SOON AS POSSIBLE.
ALTHOUGH WE MAKE REASONABLE EFFORTS TO UPDATE THE INFORMATION PROVIDED VIA OUR SITE AND OUR APP, WE MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, WHETHER EXPRESS OR IMPLIED, THAT SUCH INFORMATION IS ACCURATE, COMPLETE OR UP TO DATE OR THAT CONTENT AND SERVICES ARE SUITABLE FOR YOUR NEEDS. WE ARE A TECHNOLOGY COMPANY AND AS SUCH CANNOT GIVE YOU ANY MEDICAL ADVICE. IF YOU HAVE ANY COMPLIANT OR FEEDBACK YOU CAN CONTACT US USING THE CONTACT DETAILS SET OUT IN SECTION 2 BELOW.
Please read these terms and conditions carefully before using Our Site or Our App
WHAT’S IN THESE TERMS?
These terms tell any user (“You“ or “User“) the rules for using Our Site and Our App. If You do not agree to these terms, You must not use Our Site or Our App.
WHO WE ARE AND HOW TO CONTACT US
Our Site is operated by Team Teach Ltd. We are registered in England and Wales under company number 03770582 and have Our registered office at Longbow House, 2nd Floor 20 Chiswell Street, London, England, EC1Y 4TW. Our VAT number is 753505339 .
To contact Us, please email email@example.com or telephone Our customer service line on +44 (0)800 7734293.
BY USING OUR SITE AND/OR OUR APP YOU ACCEPT THESE TERMS
THERE ARE OTHER TERMS THAT MAY APPLY TO YOU
Our end user licence conditions (“App Licence“) in paragraph 6 of this Section 2 below that will apply to anyone using Our App;
Our User Platform Agreement in Section 3, Appendix A (below), which sets out the terms and conditions that apply to Our agreement with Users;
the Trainer User Agreement in Schedule 1 of Appendix A in Section 3 (below), which sets out the terms and conditions that apply between a User and a Trainer;
Our Trainer Platform Agreement in Section 3 Appendix B (below), which sets out the terms and conditions that apply to Our agreement with Trainers;
If You wish to purchase any Training Services from a Trainer via Our Site, please note Our User Platform Agreement will apply to the sale of TT Credits (see Appendix A of Section 3 below).
HOW YOU MAY USE OUR SITE & OUR APP
You may use Our Site or Our App for lawful purposes only. You may not use Our Site & Our App:
in any way that breaches any applicable local, national or international law or regulation;
in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
to send, knowingly receive, upload, download, use or re-use any material which does not belong to You or that You have not right to use;
to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); and/or
to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
Furthermore, You agree not to access without authority, interfere with, damage or disrupt:
any part of Our Site or Our App;
any equipment or network on which Our Site or Our App is stored;
any software used in the provision of Our Site or Our App; or
any equipment or network or software owned or used by any third party.
In order to use Our App You will need to register and create a personal account.
If you register for an account via Our App], We license You to use: (i) My Family Journal mobile application software, the data supplied with the software, (“Our App“) and any updates or supplements to it; (ii) any related online documentation (“Documentation“); and (iii) the service You connect to via Our App and the content We provide to You through it (“App Service“) as permitted in this paragraph 6.
By downloading and using Our App, You agree that You will:
except in the course of permitted sharing (see paragraph “RULES ABOUT LINKING TO OUR SITE & OUR APP” BELOW)) not rent, lease, sub-license, loan, provide, or otherwise make available, Our App or the App Services in any form, in whole or in part to any person without prior written consent from Us;
not copy Our App, the Documentation or the App Services, except as part of the normal use of Our App or where it is necessary for the purpose of back-up or operational security;
not translate, merge, adapt, vary, alter or modify, the whole or any part of Our App, Documentation or the App Services nor permit Our App or the App Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use Our App and the App Services on devices as permitted in this paragraph 6;
not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of Our App or the App Services nor attempt to do any such things, save to the extent permitted under the Copyright, Designs and Patents Act 1988); and
comply with all applicable technology control or export laws and regulations that apply to the technology used or supported.
Our App will allow You to generate, upload and track (anonymised and encrypted) information and data about a child and it will make use of location data sent from your devices (“App Data“). You can turn off the geo-location functionality at any time by turning off the location services settings for Our App on the device. However, if You use Our App, You agree to Us and our affiliates’ and licensees’ transmitting, collecting, retaining, maintaining, processing and using any information about your location whilst using Our App along with any other technical information relating to a User’s device , provided always that such information is in a form that does not personally identify You (or any other data subject) and is being processed by Us to improve Our products and to provide any App Services to You.
All intellectual property rights in or arising out of or in connection with Our App, your use of Our App or any App Data that is generated or uploaded, will be owned by Us (or Our licensors). You will have no intellectual property rights in, or to, Our App, the Documentation, the App Data or the App Services other than the right to use them in accordance with this terms set out in this paragraph.
HOW YOU MAY USE MATERIAL ON OUR SITE
We are the owner or the licensee of all intellectual property rights in Our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
Subject to paragraphs 7.4 and 7.5 below and without prejudice to any other terms in the Trainer User Agreement, You may:
print off, download and/or embed copies, extracts or links of any page(s) from Our Site for your own personal use; and/or draw the attention of others within your network to content posted on Our Site.
You must not modify the paper or digital copies of any materials You have printed off or downloaded in any way, and You must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on Our Site must always be acknowledged.
You must not use any part of the content on Our Site for commercial purposes without obtaining a licence to do so from Us or Our licensors.
WE MAY SUSPEND OR WITHDRAW OUR SITE AND/OR OUR APP
Our Site and Our App is made available free of charge except for the PAYG Services which will require payment from You (see Section 3 below).
We do not guarantee that Our Site or Our App, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of Our Site or Our App for business and operational reasons. We will try to give You reasonable notice of any suspension or withdrawal.
WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO
Where Our Site or Our App contains links to other Sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by Us of those linked websites or information You may obtain from them.
We have no control over the contents of those sites or resources.
RULES ABOUT LINKING TO OUR SITE & OUR APP
You may link to Our home page, provided You do so in a way that is fair and legal and does not damage Our reputation or take advantage of it.
You must not
establish a link in such a way as to suggest any form of association, approval or endorsement on Our part where none exists;
establish a link to Our Site in any website that is not owned by You; and/or
be framed on any other Site, nor may You create a link to any part of Our Site other than the home page.
We reserve the right to withdraw linking permission without notice.
If You wish to link to or make any use of content on Our Site other than that set out above, please contact Us via email at firstname.lastname@example.org or telephone Our customer service line on +44 (0) 20 3746 0938.
HOW TO COMPLAIN ABOUT CONTENT UPLOADED BY OTHER USERS
If You wish to complain about content uploaded by other users, please contact Us via email at email@example.com or telephone Our customer service line on +44 (0) 20 3746 0938.
LIMITATION OF LIABILITY
YOUR ATTENTION IS PARTICULARLY DRAWN TO THIS CLAUSE 12 WHICH CONTAINS LIMITATIONS ON OUR LIABILITY
death or personal injury caused by negligence;
fraud or fraudulent misrepresentation; and
breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
Subject always to clause 12.1 and to the extent permitted by applicable law, whether You are a consumer or a Trainer (or any other type of business user), We will not be liable to You in anyway (whether such liability arises in contract, tort (including negligence) misrepresentation, breach of statutory duty, restitution or otherwise) for any losses, damages, costs or expenses that You incur or suffer as a result of the use of, or inability to use, the Free Services (or any part thereof).
Without prejudice to clause 12.2, if You are a consumer and We are found to be liable to You by any Court or other competent authority, Our liability for any loss or damage You incur or suffer as a result of the use of, or inability to use, the Free Services (or any part thereof) shall be limited to an amount equal to £30 in aggregate.
If You are a consumer (e.g. a parent, a guardian, a teacher etc.):
You agree not to use Our Site or Our App for any commercial or business purposes, and we have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity;
You acknowledge and agree that by entering into the User Platform Agreement (Appendix A of Section 3 below), You accept that TT is in no way responsible for any advice, information or services provided by a Trainer;
Subject to clause 12.1 and to the extent permitted by applicable law, if You are a consumer and We are found to be liable to You by any Court or other competent authority (whether such liability arises in contract, tort (including negligence), breach of statutory duty, restitution or otherwise) for any losses, damages, costs or expenses that You incur or suffer as a result of the:
User Platform Agreement; or
use of, or inability to use the PAYG Services (or any part thereof),
Our liability will be limited to the lesser of: (1) £100; or (2) if applicable, the total Trainer Fees paid by You in the in the one (1) month preceding the date on which the relevant claim arises.
If You are a Trainer (or any other type of business user):
We exclude all implied conditions, warranties, representations or other terms that may apply to Our Site or Our App or any content on it;
You acknowledge and agree that by entering into the Trainer Platform Agreement (Appendix B of Section 3 below), You (and not TT) are at all times responsible for any advice or information given to Users during a Training Session;
We shall not be liable for:
loss of profits, sales, business, or revenue;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage; and
Subject to clause 12.1 and to the maximum extent permitted by applicable law, if You are a Trainer (or any other business user) and We are found to be liable to You by any Court or other competent authority (whether such liability arises in contract, tort (including negligence), breach of statutory duty, restitution or otherwise) for any losses, damages, costs or expenses that You incur or suffer as a result of the:
Trainer Platform Agreement; or
use of, or inability to use, the PAYG Services (or any part thereof),
Our liability will be limited to the greater of: (1) £1000; or (2) if applicable, the total TT Platform Fees earned by TT in respect of the Training Services provided by You in the twelve (12) months preceding the date on which the relevant claim arises.
HOW WE MAY USE YOUR PERSONAL INFORMATION
WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM
We do not guarantee that Our Site or Our App will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access Our Site and Our App. You should use your own virus protection software.
You must not misuse Our Site or Our App by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to Our Site or Our App, the server on which Our Site or Our App is stored or any server, computer or database connected to Our Site or Our App. You must not attack Our Site or Our App via a denial-of-service attack or a distributed denial-of -service attack. By breaching this provision, You would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Our Site and Our App will cease immediately.
WE MAY MAKE CHANGES TO THESE TERMS
WE MAY MAKE CHANGES TO OUR SITE
We may update and change Our Site or Our App from time to time to reflect changes to Our services, Our Users’ needs and Our business priorities. We will try to give You reasonable notice of any major changes.
WE MAY TRANSFER THESE TERMS OF AGREEMENT TO SOMEONE ELSE
WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?
SECTION 3: TERMS OF SERVICES
This section 3 sets out an overview of the Free Services (Part A) and PAYG Services (Part B) that are provided through Our Site and Our App along with the applicable terms and conditions. Part C deals with Online Training & Coaching Sessions.
CREATING AN ACCOUNT
To use Our App or to receive any of the PAYG Services You will need to create an online account. This will require You to provide a username, email address and a personalised password. For more information on how to set up an online account please see: (i) paragraph 6 in Section 2 above for Our App account, (ii) Appendix A of this Section 3 (below) for a User Account; and (iii) Appendix B of this Section 3 (below) for a Trainer Account.